INTRODUCTION: Sometime during 1994 a trust was created with a certain Mr. Badenhorst,
a successful farmer near a small South African town, as one of its trustees. At the time he was happily married. The marriage between ...

Article 1 Section 8 Clause 8 of the Constitution of the
United States of America empowers Congress "to promote the
progress of science and useful arts, by securing for limited
times to authors and inventors the exclusive ...

ENGLISH ABSTRACT: South African courts seem to be adopting a new approach to the problem of building
encroachments. For pragmatic and policy reasons courts are now inclined to
exercise its discretion in favour of leaving ...

ENGLISH ABSTRACT: In this thesis, the Communal Land Rights Act 11 0f 2004 is analysed in order to
determine whether it can give effect to the constitutional mandate in terms of
which it was promulgated, namely section ...

ENGLISH ABSTRACT: This thesis examines the contractual remedy of specific performance in South African
law. It looks closely and critically at the discretionary power of the courts to refuse to
order specific performance. ...

ENGLISH ABSTRACT : Ownership of affordable housing is made possible through the concept of sectional title,
which maximizes the number of available homes per square meter and makes optimum
use of available land. The ...

ENGLISH ABSTRACT: The South African land question presents complex legal and social challenges. The
legal aspects of land are inextricably linked to other socio-economic aspects, such
as access to housing, healthcare, ...

This essay focuses on something called the condictio quasi indebiti. This condictio is
not well-known in South African law. In fact, it features only twice in the law reports:
first, almost a century ago, in a judgment ...

ENGLISH ABSTRACT: It is a general principle of the law of South Africa that an unassisted contract of a
minor is unenforceable against the minor. Although it binds the other party, the minor
is not bound. The minor will ...

ENGLISH ABSTRACT: Over the years sectional ownership satisfied the psychological need of many South
Africans to acquire home-ownership and it is currently estimated that there are more
than 780 000 sectional title ...

Owen Dean holds the
degrees BA (Law), LLB and
LLD from Stellenbosch
University, obtained in,
respectively, 1964, 1966
and 1989. He is admitted
to practice as an attorney in
South Africa, Namibia and
Botswana.
Dean ...

End of life decisions regarding defective babies raise several controversial questions. The root of the problem in withdrawing or withholding life-sustaining treatment from defective babies lies in the conflict between ...

ENGLISH ABSTRACT: On the basis of a comparative analysis of the case law in Germany, England and South Africa
dealing with fundamental change of circumstances, it is submitted that the underlying
principle of this problem ...

ENGLISH ABSTRACT: An overview of the historical development of contract law and its underlying
theory, spanning from Roman times to the present day, and in Western
European and Anglo American systems, shows that the ...

ENGLISH ABSTRACT: In recognition of the socio-economic imbalances inherited from the past and the
abject poverty experienced by many, the people of South Africa adopted a
Constitution fully committed to protecting ...

ENGLISH ABSTRACT: The thesis investigates the effect of the recognition of the rights of the child on the
parent-child relationship in private law. Rights of the child seem, on the face of it, to
undermine parental ...

ENGLISH ABSTRACT: The state participates in the market place in a large number of ways, spending millions annually. It buys and sells goods and services; it employs a massive workforce; it acquires, develops and disposes ...

ENGLISH ABSTRACT: The documentary credit is one of the most important methods of payment utilised in international trade. This versatile instrument is encountered in a variety of forms. In its simplest form it is an ...